udge.

My two cents, anyway.

Posted by: alkali at March 12, 2003 05:31 PM

While I obviously can't speak for him, I suspect that Eugene does in fact believe that there has been a tremendous overreach by the federal government over the past several decades, and that the interstate commerce clause has been stretched beyond recognition, and that Congress has indeed delegated too much effective legislative power to unelected bureaucrats.

A justice is supposed to defend the Constition, regardless of some individuals' notions of the "real world." If adhering to the Constitution means ending some or much of the federal code, so be it. Go try to get some amendments, instead of legislating from the bench and the bureaucracy.

Posted by: Rand Simberg at March 12, 2003 05:43 PM

If adhering to the Constitution means ending some or much of the federal code, so be it. Go try to get some amendments, instead of legislating from the bench and the bureaucracy.

I would argue that the anti-democratic shoe is on the other foot: the elected representatives of the people created the EPA and the laws it administers, and likewise with OSHA and many other federal regulatory schemes. I'm not the one trying to destroy them all with a stroke of a judicial pen. But that's a debate for another time.

Suffice it to say that I disagree with Rand and others who share his views on these legal and constitutional issues. In any event, I think it's inarguable that which way a judge comes out on these issues has enormously important consequences. Accordingly, before I'd confirm a Judge Volokh, I'd want to know where he stands.

Posted by: alkali at March 13, 2003 12:58 PM

I didn't say anything about it being "anti-Democratic." But then, we don't live in a democracy anyway (thankfully). As Franklin said after the convention, he gave us a republic, if we can keep it.

Posted by: Rand Simberg at March 13, 2003 02:34 PM
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